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Will I have to pay for my exes lawyer?

Tulare, CA |

My soon to be ex wife is asking for 8000 dollars in lawyer fees. I currently pay her 800 in child support, 500 for medical for our daughter and 1200 in alimony, after paying this I am left with 600 a month to survive on. I have been paying her this for a year already and she has not even attempted to find work or started school to obtain job skills. She has recently asked that I pay for her lawyer fees but I didn't hire a lawyer myself because I couldn't afford one. Will I be responsible for hers?
Also she is the one who moved out of the home, filed for separation and then for divorce.

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Attorney answers 1


It will depend on a variety of factors, including, the parties respective incomes, the parties’ need, the other parties’ ability to pay, whether the fees were reasonable and necessarily incurred, whether the other party was uncooperative in the litigation process, to name the majority of things considered. I would recommend that you read Family Code Section 2030 et seq., which are the sections relative to general family law attorney fee awards. There are other sections such as 271, when a party is not cooperative, and others related to discovery , etc. which could be pertinent to your case. If there was a brief filed along with the attorney fee request you will want to review the code sections cited as authority for the court to enter the order. You will also want to file a responsive declaration and points and authorities in support of your position that no fees should be awarded. Last, while I realize the last thing you want to hear is that you need to hire an experienced family law attorney to defend the request, I am compelled to tell you exactly that. If you retain an attorney with experience in these matters to assist you in defending the fee request, your chances of avoiding an order to pay them is increased. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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